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LAUER v. BARNHART

No. 02-1477.

321 F.3d 762 (2003)

Robert J. LAUER, Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 11, 2003.

Attorney(s) appearing for the Case

Edward C. Olson, argued, Minneapolis, MN, for appellant.

Cynthia A. Brandel, argued, Chicago, IL, for appellee.

Before MORRIS SHEPPARD ARNOLD, MAGILL, and BYE, Circuit Judges.

BYE, Circuit Judge.

After we determined the denial of Robert Lauer's claim for social security disability benefits was not supported by substantial evidence in the record, Lauer v. Apfel, 245 F.3d 700, 706 (8th Cir.2001), Lauer filed a motion for attorney fees and costs in the district court under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, arguing the government's litigation position was not substantially...

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